Terms of Service
Welcome to MailBus! Your use of MailBus is subject to these Terms of Service (these "Terms"). Thank you for reviewing these Terms – we hope you enjoy using MailBus.
Compliance with these Terms
Please review these Terms and our policies and instructions to understand how you can and cannot use MailBus. You must comply with these Terms in your use of MailBus and only use MailBus as permitted by applicable laws and regulations, wherever you may be when you use them. In some countries, there are restrictions on your use of MailBus – it is your responsibility to ensure that you are legally allowed to use MailBus where you are located, and certain MailBus functionalities may not be available in some countries.
By using MailBus, you agree to these Terms and understand that there is no tolerance for objectionable content. If you do not agree to these Terms, you must not use MailBus. In order to ensure MailBus provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report as offensive” feature found under each mail.
Other general terms in relation to these Terms
If you are using MailBus on behalf of a company, partnership, association, government or other organization (your “Organization”), you warrant that you are authorized to do so and that you are authorized to bind your Organization to these Terms. In such circumstances, “you” will include your Organization.
We may translate these Terms into multiple languages. If there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).
We may make changes to these Terms (and any applicable Additional Terms) over time (for example, to reflect technical improvements and changes to MailBus (for example, to address a security threat) or applicable laws and regulations (for example, to reflect applicable consumer rights)), so please come back and review these Terms regularly.
Where we consider that such changes are reasonably material, we will (where reasonably practicable) notify you (via https://www.chirpeur.com, direct communication to you, on this page or the relevant page for the relevant additional terms or policy, or other means), prior to such changes becoming effective. By continuing to use MailBus after we make any changes to these Terms, you are agreeing to be bound by the revised Terms.
CHANGES TO MailBus
As MailBus and user experiences are constantly evolving, we may from time to time:add, change or remove features or services from MailBus (including in relation to whether a feature or service is free of charge or not); and/or suspend, discontinue or terminate MailBus altogether. You agree that we may take any such actions at any time. Where we consider that any changes to MailBus or any services or features accessible within MailBus are reasonably material, we will (where reasonably practicable) notify you (via https://www.chirpeur.com, direct communication to you, on this page or the relevant page for the relevant additional terms or policy, or other means), prior to such changes becoming effective.
You need to create an account with us in order to access and use MailBus. Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within MailBus remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (a) safeguarding your account details, including any passwords used to access your account and MailBus, and (b) all use of MailBus under your account, including any purchases made and/or payment obligations arising under your account. You must promptly notify us by going to "Me" -> "Settings" -> "Help & Feedback" from within the MailBus app or by visiting https://www.chirpeur.com if you know or suspect that your password or account has been compromised. We will regard all use of your account on MailBus as being by you, except where we have received a valid and properly received notification to us regarding your account or password being compromised.
We may allow you to register for and login to MailBus using sign-on functionalities provided by third party platforms, such as Facebook or Google. You agree to comply with the relevant third party platform's terms and conditions applicable to your use of such functionalities (in addition to these Terms).
We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate, as required by applicable laws and regulations. We reserve the right to artificially manipulate the visibility, status, or rank of Your Content on MailBus.
Responsibility for Your Content
You are solely responsible for Your Content. We are not responsible for maintaining a backup of Your Content - we recommend that you keep a back-up copy of it at all times.You must at all times ensure that: (a) you have the rights required to copy, process, transmit, access, publish, display and use Your Content, and to grant us and other third parties the rights as set out in these Terms; and (b) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate any applicable laws or regulations or the rights of any person.
Objectionable Content Policy
Content may not be submitted to MailBus, who will moderate all content and ultimately decide whether or not to perform a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, dbelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
THIRD PARTY CONTENT AND SERVICES
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by MailBus, including content provided by users of MailBus or by our advertisers. You acknowledge and agree that by using MailBus, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from MailBus by you is at your own risk. Your use of MailBus does not give you any rights in or to any content you may access or obtain in connection with your use of MailBus.
We also do not guarantee the quality, reliability or suitability of any third party services, programs or websites provided, made available, advertised or linked through MailBus (including any of MailBus's associated platforms or services) and we will bear no responsibility for your use of or relationship with any such third parties services, programs or websites, including any payment obligations or fees that you may incur in your use of such third party services or websites.We may review (but make no commitment to review) content (including any content posted by MailBus users) or third party programs or services made available through MailBus to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party programs or services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of MailBus.
There may be, from time to time, third party content, programs and/or services on MailBus that are subject to further terms from that third party – for examples, terms from the relevant third party that originally produced or created such content or service, terms in relation to promotional activities being held on MailBus, terms relating to your use of third party-provided MailBus login functionality. You are solely responsible for reviewing and complying with any such third party terms and conditions.We have the right to remove, at our sole discretion and without notice to you, any content, programs and/or services that are made available within MailBus (including any of MailBus's associated platforms or services), in accordance with these Terms.
ADVERTISING CONTENT ON MailBus
MailBus may include advertising or commercial content. You agree that we may integrate, display and otherwise communicate advertising or commercial content in MailBus and that (where reasonably practicable) we will identify such advertising or commercial content.
OUR INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or to MailBus and any MailBus Software (including any future updates, upgrades and new versions to all such MailBus Software), will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights, including our trademarks or product names (for example, “LinkSure” or “MailBus”), logos, domain names or other distinctive brand features, without our prior written consent. Any comments or suggestions you may provide regarding MailBus are entirely voluntary and we will be free to use these comments and suggestions at our discretion (including using such comments to improve existing services or create new services) without any payment or other obligation to you.
We grant you a limited, personal, on-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable right to use MailBus and any software from us as part of or in relation to your use of MailBus (any such software being the "MailBus Software"), solely in accordance with these Terms and subject to any other instructions as provided by us to you in relation to your use of MailBus and/or the MailBus Software from time to time. Please note that these terms may be supplemented by terms and conditions applicable to MailBus Software (or specific features within MailBus Software).
You may not copy, modify, create derivative works, reverse compile, reverse engineer or extract source codes from MailBus Software, and you may not sell, distribute, redistribute or sublicense MailBus or the MailBus Software, except in each case to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from MailBus Software, you will first contact us to request the information you need.
We may from time to time provide updates to MailBus Software. Such updates may occur automatically or manually. Please note that MailBus Software may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will provide any updates for any MailBus Software, or that such updates will continue to support your device or system. All updates to the MailBus Software are part of the MailBus Software and subject to these Terms, except as otherwise specified by us.
For the purposes of these Terms, “MailBus Software” includes any items, content or features (the "Items") within the MailBus Software – for example any content accessed or used by you within MailBus. You must comply with any Additional Terms applicable to any such Items. We will notify you of any such additional terms and conditions within MailBus, within an Appendix to these Terms and/or in another manner. We may grant you a limited right to use these Items upon payment by you of "real world money" as applicable from time to time. You acknowledge that you do not own these Items and the amounts associated with such Items do not refer to any credit balance of real currency or the equivalent. We may eliminate these Items from MailBus at any time, and we have no liability to you in the event that we exercise these rights.
We may in our discretion provide technical support for MailBus (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.
OPEN SOURCE SOFTWARE
Certain MailBus Software may contain software that are subject to “open source” licenses (the “Open Source Software”). Where we use such Open Source Software, please note that:there may be provisions in the Open Source Software's license that expressly override these Terms, in which case such provisions shall prevail to the extent of any conflict with these Terms; andwe will credit the relevant Open Source Software used in MailBus Software within an Appendix to these terms and/or within the relevant MailBus Software.
USE OF YOUR DEVICE BY MailBus
In order for us to provide MailBus to you, we may require virtual access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access MailBus – for example, we may need to use your device's processor and storage to complete the relevant MailBus Software installation, or we may need to access your contact list to provide certain interactive functions within MailBus.
We will provide further information regarding how MailBus uses and accesses your device within MailBus or in another manner (e.g. via the relevant app store as part of the installation process for MailBus on your device). You agree to give us such access to and use of your device, and you acknowledge that if you do not provide us with such right of use or access, we may not be able to provide MailBus (or certain features within MailBus) to you.
You may need an adequate internet connection in order to authenticate your MailBus account or use MailBus. You may also be required to activate certain functionalities within MailBus in the manner described within MailBus. You may not be able to use certain functionalities within MailBus if you do not comply with such requirements.
THIRD PARTY SOFTWARE AND CONNECTIVITY
You are solely responsible for any software (whether your own software or software supplied by third parties) used by you in connection with your use of MailBus, including any third party software or services made available to you through MailBus ("Third Party Software").
Please note that we are not responsible for and are not liable for any damages or losses arising from your use of the Third Party Software and we do not endorse, support or guarantee the quality, reliability or suitability of any Third Party Software. You must comply with any terms and conditions applicable to Third Party Software.
We do not provide any technical support for any Third Party Software. Please contact the relevant supplying third party for such technical support. Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of MailBus or MailBus Software.
WARRANTY AND DISCLAIMER
We warrant to you that we will provide MailBus using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, MailBus (INCLUDING ANY MailBus SOFTWARE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVE ANY UNDERTAKING IN RELATION TO MailBus, ANY MailBus SOFTWARE OR ANY DATA, MEDIA OR OTHER CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY MailBus, INCLUDING: (A) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT MailBus OR MailBus SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (B) THAT MailBus OR MailBus SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (C) THAT MailBus OR MailBus SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
LIABILITY FOR MailBus
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR MailBus (INCLUDING ANY MailBus SOFTWARE), ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (A) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF MailBus OR MailBus SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (B) USD100 (ONE HUNDRED US DOLLARS). TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:
IN CONNECTION WITH THESE TERMS OR MailBus OR MailBus SOFTWARE, FOR ANY DAMAGES OR LOSSES CAUSED BY: (A) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (B) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (C) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (D) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (E) IMPROPER OR UNAUTHORISED USE OF MailBus OR MailBus SOFTWARE; (F) YOUR USE OF MailBus OR MailBus SOFTWARE IN BREACH OF THESE TERMS; (G) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY; OR (H) FAILURE TO SAVE OR BACK UP ANY DATA OR OTHER CONTENT;
ANY LOSS ARISING FROM ANY CONTENT, PROGRAMS OR SERVICES PROVIDED BY ANY PARTY OTHER THAN US (OR OUR AFFILIATES);
ANY LOSS OR DAMAGE WHICH ARE NOT FORESEEABLE, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES. FOR THE PURPOSES OF THIS CLAUSE, LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT HAPPEN; AND/OR
ANY: LOSS OF USE; LOSS OR INTERRUPTION OF BUSINESS; LOSS OF REVENUES; LOSS OF PROFITS; LOSS OF GOODWILL; LOSS OR DESTRUCTION OF CONTENT OR DATA. Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
any liability for fraud;
any liability for negligently caused death or personal injury;
any liability for gross negligence or willful misconduct; or
any other liability to the extent that such other liability cannot be waived, limited or excluded under applicable laws and regulations.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT SUCH STATUTORY RIGHTS MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU (AND YOUR ORGANISATION, IF YOU ARE USING MailBus OR MailBus SOFTWARE ON BEHALF OF SUCH ORGANISATION) INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (A) YOUR USE OF MailBus OR MailBus SOFTWARE; OR (B) YOUR BREACH OF THESE TERMS.
NO LIABILITY FOR THIRD PARTIES
As set out in "Third Party Software" sections of these Terms, various third parties may provide certain content, services or software within MailBus. THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US (AND, WHERE RELEVANT, OUR AFFILIATE COMPANIES). YOUR DEALINGS WITH ALL THIRD PARTIES (INCLUDING THOSE FOUND THROUGH, PROMOTED THROUGH, ACCESSED VIA HYPERLINK THROUGH OR OTHERWISE THROUGH MailBus), ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES (INCLUDING ANY CONTENT, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN MailBus), NOTWITHSTANDING YOUR ENGAGEMENT WITH ANY SUCH THIRD PARTIES THROUGH MailBus.
These Terms will apply to your use of MailBus until your access to MailBus is terminated by either you or us.
You may terminate your use of MailBus, or any of the services accessible therein, at any time (including if we have told you about an upcoming change to all or part of MailBus or these Terms which you do not agree to). If the terminated service is a paid service, we may deduct from any refund a reasonable proportion of such fee as compensation for the costs incurred by us in ending the relevant service.
We may suspend or terminate your access to your account or any or all of MailBus:
if we undertake maintenance or support of MailBus;
to make changes to MailBus as notified by us to you;
if we reasonably believe that you have breached these Terms;
if your use of MailBus creates risk for us or for other users of MailBus, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation;
if you fail to use MailBus for a prolonged period;
if such suspension or termination is required due to Applicable Laws; or
to the extent permitted by applicable laws and regulations, for any other reason in our sole and absolute discretion,
and where reasonably practicable, we will give you advance notice of any suspension or termination.
If we suspend your access to any or all of MailBus then, to the extent permitted by applicable laws and regulations in your jurisdiction: (a) you remain responsible for all fees accrued through the date of suspension (including where the fees were incurred before suspension date but performance of the relevant obligations were after the suspension date); and (b) you remain responsible for any applicable fees for any part of MailBus to which you continue to have access.
If your access to MailBus is terminated (in whole or in part) by you or us, you agree that: (a) all of your rights under these Terms will terminate; (b) you remain responsible for all fees accrued through the date of termination (including where the fees were incurred before termination date but performance of the relevant obligations were after the termination date); and (c) you will immediately permanently delete all copies of MailBus Software to which the termination relates and you will immediately cease accessing and using any such MailBus Software.
Retention and back-up of Your Content
Subject to the applicable laws and regulations in your jurisdiction, these Terms sets out the entire agreement between you and us in relation to MailBus – you agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The words "include" and "including" are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
No person other than you and us will have any right to enforce these Terms, whether pursuant to the Contracts (Rights of Third Parties) Ordinance or otherwise, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you. We may freely sub-contract any part of our performance of these Terms at any time, without your prior consent or prior notice to you.
GOVERNING LAW AND DISPUTE RESOLUTION
Except to the extent that: (a) any applicable additional terms incorporated into these Terms provide differently, or (b) the applicable laws and regulations of your jurisdiction mandate otherwise (for example, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court)):
these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of Singapore; and any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre. There will be one arbitrator only. The arbitration proceedings will be conducted in Singapore.